BETTING HOUSES. 451 



or used for the purposes aforesaid, or any of them, shall be houses within 

 taken and deemed to be a common gaming house, within ^ 109 ^^ ' 

 the meaning of the statute 8 & 9 Vict. c. 109. 



And by s. 3, " any person who, being the owner or occu- Penalty on 

 pier of any house, office, room, or other place, or a person °'^^°'^''. °^ 

 using the same, shall open, keep, or use the same for the betting house, 

 purposes hereinbefore mentioned, or either of them; and 

 any person who, being the owner or occupier of any house, 

 room, ofiG.ce, or other place, shall knowingly and wilfully 

 permit the same to be opened, kept, or used by any other 

 person for the purposes aforesaid, or either of them ; and 

 any person having the care or management of or in any 

 manner assisting in conducting the business of any house, 

 office, room, or place, opened, kept, or used for the purposes 

 aforesaid, or either of them, shall, on summary conviction 

 thereof before any two justices of the peace, be liable to 

 iorfeit and pay such penalty, not exceeding one hundred 

 pounds, as shall be adjudged by such justices, and may 

 further be adjudged by such justices to pay such 

 costs attending such conviction as to the said justices may 

 seem reasonable ; and on the non-payment of such penalty 

 and costs, or in the first instance, if to the said justices it 

 shall seem fit, may be committed to the common gaol or 

 house of correction, with or without hard labour, for any 

 time not exceeding six calendar months (/)." 



Section 1 of this Act creates two separate and distinct Section 1 

 offences, namely, keeping, &c., the places referred to, first, creates two 

 for the purpose of betting with persons resorting thereto, offences, 

 and, secondly, for the purpose of receiving deposits on 

 bets (g). In order, therefore, to sustain a conviction for 

 the first of these offences, it is suflScient that tbe justices 

 should have been satisfied that the place in question was 

 kept or used for the purpose of the defendant betting with 

 persons resorting thereto, without any proof of the receipt 

 of money by way of deposit on bets (h). The betting 



(/) So much of this section as disti-ess to satisfy any such sum. 



prescribes the term of imprisonment Under s. 17 of the latter Act, the 



for nonpayment of penalty and costs defendant may elect to be tried by a 



is repealed by the Summary Jurisdic- jury instead of being dealt with 



tion Act, 1884 (47 & 48 Vict. .;. 43), summarily 



s. 5 of the Act of 1879 (42 & 43 {g) Bond v. Flumb, [1894] 1 



Vict. c. 49), providing a general U- B. 169; 10 E. 44; 70 L. T., 



scale of imprisonment for nonpay- X. S. 405 ; 42 "W. E. 222 ; 58 J. P. 



ment of any sum of money adjudged 168. 



to be paid by a conviction, or in re- (/() Ibid, 

 spect of the default of a sufficient 



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